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Board for good cause shown, shall be apply in writing to the Board for modiAlled in the record in said proceeding and fication of any of the examiner's rulings a copy thereof supplied to the party upon concerning reports and briefs. whose application said deposition was
8 201.22 Recommended decision. taken, or his attorney.
(a) Where a hearing is conducted by a $ 201.20 Admissions of fact and genu
member of the Board or an examiner, the ineness of documents.
member of the Board or the examiner (a) At any time after answer has shall make a recommended decision to been filed, either party may serve upon the Board, a copy of which shall be subthe other a written request for admis- mitted to the parties to the proceeding. sion of the genuineness of any relevant The parties, after the receipt of the recdocuments described in, and exhibited ommended decision, shall have time. with, the request, or of the truth of any which shall be fixed, within which to relevant matters of fact set forth in such file with the Board exceptions to the documents. Copies of documents shall recommended decision and supporting be delivered with the request unless reasons for such exceptions. copies have already been furnished or are (b) Such a report is not a report of in the possession or control of the party. findings by the Board, but is advisory Each of the matters on which an admis- only, and is not binding upon the Board. sion is so requested shall be deemed ad
§ 201.23 Order. mitted unless within a period designated within the request, not less than ten
The Board's determination shall take (10) days after service thereof, or within
the form of a decision in writing in which such further time as the Board or the
it shall state its findings as to the facts hearing examiner may allow on motion and shall issue an appropriate order and notice, the party so served shall serve
either requiring the organization or indiupon the party making the request a
vidual to register or denying the petition sworn statement either denying specif
for such registration. ically the matters of which an admission
8 201.24 Final order. is requested or setting forth in detail the reasons why he can neither truth
An order of the Board shall become fully admit nor deny those matters, or
final (a) upon the expiration of the time stating that reliance is made on the
allowed for filing a petition for review, if constitutional privilege against self
no such petition has been duly filed incrimination.
within such time; or (b) upon the ex(b) Service required under this sec
piration of the time allowed for filing a tion may be made upon a party either by
petition for certiorari, if the order of the registering and mailing or by delivering
Board has been affirmed or the petition a copy of the documents to be served to
for review dismissed by a United States such party or his attorney or by leaving
Court of Appeals, and no petition for cera copy at the principal office or place
tiorari has been duly filed; or (c) upon of business of either.
the denial of a petition for certiorari, if (15 F.R. 7921, Nov. 21, 1950, as amended at
the order of the Board has been affirmed 27 F.R. 4835, May 23, 1962)
or the petition for review dismissed by a
United States Court of Appeals; or (d) & 201.21 Briefs.
upon the expiration of ten (10) days At the conclusion of a hearing, the offi- from the date of issuance of the mandate cer conducting the hearing may, in his of the Supreme Court, if such Court didiscretion, permit oral arguments or rects that the order of the Board be briefs or both, and prescribe the time and affirmed or the petition for review disother directions for said arguments and missed. Such final orders shall be pubbriefs on behalf of parties to the hearing. lished in the FEDERAL REGISTER, and pubThe time within which oral arguments or lication thereof shall constitute notice to briefs are to be filed, shall be fixed: Pro- all members of the organization involved vided, That any interested party may that such order has become final.
CHAPTER III—FEDERAL PRISON INDUSTRIES
DEPARTMENT OF JUSTICE
PART 301-INMATE ACCIDENT
COMPENSATION Sec. 301.1 Inmate's regular wage paid in lieu of
accident compensation while in
When paid to Inmate. 301.3 Method of payment. 301.4 Negligence estops. 301.5 Criminal action suspends payment of
accident compensation; does not
bar payment to dependents. 301.6 Basis of computation. 301.7
Making claim. 301.8 Medical attention required subse
quent to discharge. 301.9 Beneficiaries. 301.10 Employment of attorneys.
AUTHORITY: 88 301.1 to 301.10 Issued under sec. 1, 62 Stat. 852; 18 U.S.C. 4126.
SOURCE: $8 301.1 to 301.10 contained in authority, policies, and information regarding accident compensation to be paid inmates of Federal penal institutions for injuries sustained while employed by the Federal Prison Industries, Inc., Board of Directors, Jan. 1, 1937. Redesignated at 24 F.R. 4366, May 30, 1959. 8 301.1 Inmate's regular wage paid in
lieu of accident compensation while
incarcerated. No accident compensation will be paid to an inmate when injured while such inmate remains in the institution. However, except in special cases, the inmate's regular compensation will be paid to him and charged to the operations of the industry in which the injury was sustained. § 301.2 When paid to inmate.
Accident compensation will be paid to such injured inmates as are totally, or partially disabled at the time of their discharge from the institution, beginning the first of the following month succeed
ing the date of their discharge, or approval of claim. § 301.3 Method of payment.
Accident compensation will be paid only in monthly installments and will not be paid in a lump sum except in exceptional cases, where it is shown clearly that such payment will furnish the means of self support of the inmate and his family. § 301.4 Negligence estops.
No accident compensation will be paid when the injury was sustained willfully, or with intent to injure someone else, or by willful disregard of, or failure to use safety devices provided and available. & 301.5 Criminal action suspends pay
ment of accident compensation; does
not bar payment to dependents. Such accident compensation shall be paid only so long as the claimant shall conduct himself, or herself, in a lawful manner, and shall immediately cease upon conviction of any crime against the Federal Government, or any subdivision thereof, except the corporation may upon recommendation of the president of the corporation and approval of the Attorney General pay such compensation or any part of it to worthy dependents of such inmates, where it is deemed to be in the public interest. $ 301.6 Basis of computation.
The per capita cost of operation of the institution in which the inmate is confined shall be the value of subsistence and quarters which shall be added to the cash compensation paid inmates to arrive at the monthly compensation as a base for the computation of the amount of accident compensation payable.
§ 301.7 Making claim.
ices are approved as payable by the corClaim for accident compensation can
poration, the claimant should make no be made any time prior to discharge from
payments but arrange to forward the the institution, but must be made within
accounts to Washington for direct pay1 year following discharge from the in
ment. stitution. No compensation for disability & 301.9 Beneficiaries. will be paid until after discharge from
In making claim for accident compenthe institution, and after a formal claim
sation, claimant must indicate in detail has been submitted on Form FPI-43.
those persons which are dependent on Claim must be signed and sworn to by the
him, their relationship and all other person claiming compensation, or if
facts as to residence, other income, etc., physically unable to do so, by someone
so that the corporation will be able to in his behalf. If possible claim should be determine to what extent, if any they are submitted through the official in charge
dependent on the claimant. The corof the claimant during his employment
poration has the right to pay dependents by Federal Prison Industries, Inc., or if
in lieu of the inmate if conditions justify prepared after the inmate's discharge,
it, and therefore, such information is through the local probation or parole
necessary to a proper determination of officer.
facts. § 301.8 Medical attention required sub- & 301.10 Employment of attorneys. sequent to discharge.
Accident compensation will be paid to Where medical, surgical, or hospital all injured inmates who qualify under treatment is required subsequent to dis- the regulations in this part, and it is charge of the inmate from the institu- therefore unnecessary to employ attortion, approval must be secured from the neys or others to effect collection of Commissioner of Prison Industries prior claim. Under no circumstances will the to securing such services. If such sery
inmate be permitted to assign any por
tion of his claim to an attorney or others, 1 This form may be obtained at the ofice
or pay for any assistance in connection of the Federal Prison Industries, Inc., De
with the collection of his claim if the fee partment of Justice, Washington, D.C.
or fees for such services exceed $25.
In addition to the following finding aids a subject index to the entire Code of Federal Regulations is published separately and revised annually.
List of Current CFR Volumes